COMMONS AMENDMENT (Hansard, 22 July 1998)

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 56.

This group includes Amendments Nos. 58, 94, 114, 191 to 195, 209 and 210. This group deals with detention and training orders and makes a number of adjustments. Amendment No. 58 makes further provisions for the new detention and training order and how it will interact with other custodial sentences, which might be given at a different time. It sets out the arrangements which the courts will have to follow when sentencing someone already under a custodial sentence to a further period of custody.

Amendment No. 56 is a technical amendment which is consequential upon Amendment No. 58. Amendment No. 94 is a government amendment which builds on the debate on the detention and training order during the Committee stage in the Commons. The new custodial provisions which will be introduced will be available in the first instance only for 12 to 17 year-olds. Clause 69(2)(b)(ii) is a discretionary power which allows the 1000 Secretary of State to extend the detention and training order provisions to include 10 and 11 year-olds. Such an extension will only take place if this proves necessary or desirable at a later date.

As the Bill is currently drafted, that provision can be exercised simply by a commencement order. We have thought about it, but we do not think that a simple commencement order is in keeping with the significance of such a decision. I am sure that the noble Baroness, Lady Anelay of St. Johns, will share the same view. We believe that it should be subject to affirmative resolution procedures.

In passing, I should say that it is such a pleasure to see the noble Lord, Lord Mackay of Ardbrecknish, present in the Chamber. He is no doubt here to applaud and congratulate me on the fact that we listened carefully to his contributions on the Government of Wales Bill and provided for appropriate parliamentary scrutiny. However, I am not going to encourage the noble Lord to speak, because he needs no encouragement in that respect. Amendments Nos. 114, 191 to 195 and 209 to 210 are purely consequential.